the offence. He further admitted that the lnvestigation Report was not signed
but had their commander's name on it.
PW3 was one Paul Okafor. He told the story of how on 14/ l 0/2014 at
about 7:00am, the Defendant knocked . ?n his door and notified him that his
motorcycle had been stolen. The motorcycle make is BOSKA (red) with Reg.
No JJT 721 QE. When the PW3 asked him where he was when the motorcycle
was stolen, he did not give a reasonable answer. When further asked about his
phone he stated to have given it to his brother around 4 pm the previous day .
PW3 alleged that one of their neighbours said that he came back around
l Opm and that the Defendant who he called as at then answered and opened the
gate for him . When the Defendant was asked to provide the phone he answered
the call with, he gave no response.
PW3 thereafter collected the phone he saw the Defendant with but
discovered that the call log had been deleted. He also saw a padlock that was
cul and kept on the ground at their small gate . He however observed that it was
an old key cut at the generator house .
PW 3 contended that it was all these that convinced him that the
Defendant actually stole the motorcycle . He made statement at the SARS police
Nnewi .
Under cross-examination, PW3 admitted that they have a specified time
for closing and opening the compound gate ~hich is I 0pm to 6am. He
confirmed that the said Izuchukwtr whom the security man opened the gate for
on the day of the incident is ~- tenant and not an apprentice to a tenant. He also
confinned that the small gate of the compound ·has a different padlock from the
main gate .
PW3 conceded not having seen the Defendant cut the padlock or steal'the
machines or any item at all and that he only believed that he committed the
crime because he as the one that woke him up to notify him about the missing
items.
With the conclusion of the evidence of PW3 on 14/11/2017, the
prosecution closed their case .
Defence opened on 24/1/2018 so soon after plea to the amended charge
was taken .
CE~1\f,
CB
!.1-